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(영문) 대법원 2018.02.13 2017도18700
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that all of the charges of this case (excluding non-crimes) against the Defendant on the grounds stated in its reasoning.

There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending relevant legal principles.

Meanwhile, the argument that the lower court’s determination of sentencing is against the principle of responsibility is ultimately unfair.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment has been imposed against the defendant, the argument that the amount of punishment is unfair shall not be a legitimate ground for appeal.

Other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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